Pubdate: Tue, 26 Nov 2013
Source: Denver Post (CO)
Copyright: 2013 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Jeremy P. Meyer

BAN ON VISUAL POT USE GETS OK

The Initial Approval Passes 7-5 With a Final Vote Due Monday.

The Denver City Council on Monday gave initial approval to banning 
smoking marijuana on private property if visible from the street or sidewalk.

The council voted 7-5 in favor of the provision that effectively 
would prohibit pot smoking on Denver's publicly visible lawns, 
porches and balconies.

The final vote is set for Monday.

"I really believe (that if) the front of your property is open, it is 
public," said Councilwoman Jeanne Robb, who offered the amendment. 
"It does set the standard. I am trying to balance the rights of those 
who consume marijuana and those who want to protect some enjoyment of 
their own property."

The vote came after an hour of public testimony by 26 people and 
another hour of discussion among council members.

For several weeks, the council has tried to write a law that would 
establish where people can smoke marijuana when they are on private 
property. The city is trying to put rules in place before legal sales 
of recreational marijuana to adults begin Jan. 1.

"Many of our citizens don't know what the rules are," said Councilman 
Charlie Brown, who voted against the amendment. "We need a proactive 
campaign to let them know what the rules are. We have 40 days to do it."

Regardless of whether the law passes, Denver Police Chief Robert 
White said enforcement would be the police department's lowest priority.

"Our primary (goal) would be compliance," he said.

If the alleged offender was no longer on the porch or smoking 
marijuana when officers arrive, "that would be the end of our 
action," White said.

Public testimony was both strongly supportive of forbidding marijuana 
smoking on front lawns and strongly against the measure.

"This is embarrassing," said Robert Reginelli, who said the city will 
look foolish to the rest of the nation, which is watching how Denver 
adapts to legalized marijuana. "This clearly violates the will of the voters."

Ashley Ebert, 23, said she smoked medical marijuana because she had 
cervical cancer and it helped her deal with the pain from chemotherapy.

"It is insane to not allow people to use it on their front porch," 
she said. "You should teach your children what is OK and what is not."

Christine Walravens, a physician at Children's Hospital Colorado, 
said she often sees young mothers who say they have been smoking 
marijuana throughout their pregnancy. She said the council should do 
anything it can to prevent children from being exposed to marijuana smoking.

"This is not the Denver that I grew up in," she said.

Sandra Hagen Solin spoke on behalf of Smart Colorado - a group 
working on marijuana policy - and said her group is "holding the 
line" on this issue.

"As parents, we are taking responsibility to talk to our children, 
but we need your support," she told the council before the vote.
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MAP posted-by: Jay Bergstrom